Term
| Name 2 seperate but related laws that relate to the Criminal Domestic Violence Act. |
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Definition
- Protection from Domestic Abuse Act
- Uniform Interstate Enforcement of Domestic Violence Protection Orders Act
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Term
| In what year was the Criminal Domestic Violence Act originally signed into law? |
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Definition
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Term
| As it relates to CDV, give an example of who a household member might be. |
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Definition
- A spouse
- A former spouse
- Persons who have a child in common
- A male and female who are cohabitating or formerly have cohabitated
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Term
Provide the following information about the specified crime: CDV, 1st Offense
- Class
- Court
- Punishment
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Definition
- Misdemeanor
- Summary Court
- Fined $1000 up to $2500 OR imprisonment <=30 days
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Term
Provide the following information about the specified crime: CDV, 2nd Offense
- Class
- Court
- Punishment
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Definition
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Misdemeanor
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General Sessions
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Fined $2500 up to $5000 AND imprisoned from 30 days up to 1 year
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Term
Provide the following information about the specified crime: CDV, 3rd Offense
- Class
- Court
- Punishment
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Definition
- Felony
- General Sessions
- Imprisoned from 1 year up to 5 years
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Term
Provide the following information about the specified crime: CDV of High and Agrrevated Nature (HAN)
- Class
- Court
- Punishment
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Definition
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Felony
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General Sessions
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Imprisoned from 1 year up to 10 years
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Term
Provide the following information about the specified crime: Violation of an Order of Protection
- Class
- Court
- Punishment
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Definition
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Misdemeanor
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Summary Court
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Fined no more than $500 AND imprisoned no more than 30 days
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Term
| Briefly explain what a Domestic Violence Shelter is under S.C. Code 16-25-125. |
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Definition
| A facility whose purpose is to serve as a shelter to receive and house persons who are victims of criminal domestic violence and that provides services as a shelter |
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Term
| Define Grounds as according to S.C. Code 16-25-125. |
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Definition
| Real property of the parcel of land upon which a domestic violence shelter or a domestic violence shelter's administrative offices are located, whether fenced or unfenced |
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Term
Provide the following information about the specified crime: Trespass upon the Grounds or Structure of a Domestic Violence Shelter
- Class
- Court
- Punishment
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Definition
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Misdemeanor
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General Sessions
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Fined up to $3000 AND/OR imprisoned up to 3 years
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Term
Provide the following information about the specified crime: Trespass upon the Grounds or Structure of a Domestic Violence Shelter (Enhanced Punishment)
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Class
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Court
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Punishment
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Definition
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Felony
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General Sessions
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Fined up to $5000 AND/OR imprisoned up to 5 years
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Term
| What is needed for an arrest to be executed? |
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Definition
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Term
| What are the two specific types of arrest for CDV offenses as specified by S.C. Code section 16-25-70? |
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Definition
| Discretionary and Mandatory |
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Term
| For an officer to enter a residence to execute an arrest what must he have before entering? |
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Definition
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Term
| True/False: An officer arrives at a CDV call and has probable cause to believe that immediately entering the residence is necessary to prevent physical harm or danger to a family or a household member. This information alone is not enough to allow him in the residence. |
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Definition
| False, the officer has probable cause that there may be danger or harm |
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Term
| What is the best thing to have to enter a residence on a CDV call? |
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Definition
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Term
| True/False: A 911 call, alone, is enough for an officer to enter a residence. |
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Definition
| True, but ONLY on the concern for safety |
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Term
| In determining who the "primary aggressor" is, what are some things an officer MUST consider? |
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Definition
- Prior complaints of domestic/family violence
- Likelihood of future injury to a person
- Did one person act in self-defense
- Household member accounts of history of violence
- Relative severity of injuries on each person
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Term
| In determining who the "primary aggressor" is, what are some things an officer MIGHT ALSO consider? |
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Definition
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Relative size and strength of parties
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Relative physical abilities of parties
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Criminal history
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If children were in the home and needed protection
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Relative ability to seek assistance without having to inflict injury for self-defense
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If party had access to weapons
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Prior law enforcement accounts of parties behaviors
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Term
| True/False: An officer arrives to a CDV call and can not determine who the primary aggressor is. The officer can arrest both parties. |
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Definition
| True, BUT the officer must include the "grounds" or evidence that lead to do so |
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Term
| For a party in a CDV case to claim self-defense, what is most amout of force they could have used? |
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Definition
| Only enough force necessary to end the attack or threat of attack |
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Term
| True/False and Why: An officer responding to a CDV call is allowed to tell the parties "If we have to come back here, everyone will be arrested, and the kids will go to DSS". |
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Definition
| False, the comment can be viewed as a threat to discourage requests for law enforcement intervention |
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Term
| Define Abuse as it is described by S.C. Code 20-4-20(a). |
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Definition
| Physical harm, bodily injury, assualt, or the threat of physical harm, or sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member |
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Term
| What court has jurisdiction to issue Orders of Protection at all times? |
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Definition
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Term
| Explain a Magistrates jurisdiction to issue Orders of Protection. |
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Definition
| Jurisdiction to issue limitied Orders of Protection during non-business hours or at other times when the Family Court is not in session |
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Term
| True/False: Municipal judges can also issue Orders of Protection, but they are limited. |
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Definition
| False, municipal judges have no jurisdiction to issue Orders of Protection |
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Term
| True/False: A petition for an Order of Protection can be made by any household members in need of protection. |
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Definition
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Term
| True/False: A petition for an Order of Protection needs to be specific with information and who needs protection. |
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Definition
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Term
| True/False: The Clerk of Court may charge a fee for filing a petition for an Order of Protection. |
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Definition
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Term
| True/False: A petition for an Order of Protection must inform the respondent (abuser) of the right to retain counsel. |
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Definition
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Term
| If the petitioner proves abuse by a preponderance of evidence, the Family Court can hold an emergency hearing to issue an Order of Protection within what time frame? |
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Definition
| Within 24 hours after service of the petition upon the respondent (abuser) |
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Term
| Who is responsible for requesting an emergency hearing for an Order of Protection? |
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Definition
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Term
| If the court denies a motion for an emergency hearing, then the court must grant a regular hearing within how many days of the filing of the petition? |
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Definition
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Term
| What is the duration of an Order of Protection that has not been extended nor terminated? |
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Definition
| At least 6 months from the date of issue, but no longer than 1 year |
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Term
| When does an Order of Protection issued by a Magistrate expire? |
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Definition
| As provided by the terms of the order or by issuance of an order by Family court |
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Term
| What is the "key" phrase to remember when discussing Immunity from civil or criminal liability? |
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Definition
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Term
| What is the main purpose of South Carolina's Uniform Interstate Enforcement of Domestic Violence Protection Orders Act? |
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Definition
| Ensure full faith and credit will be extended within our state to domestic violence protection orders from other jurisdictions |
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Term
| At what point does CDV become a felony? |
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Definition
| On the 3rd offense or CDV-HAN (High and Aggrevated Nature) |
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